Common use of Termination with Liability Clause in Contracts

Termination with Liability. If: (a) Customer terminates this Agreement during the Initial Term for reasons other than Cause; or (b) Verizon terminates this Agreement for Cause pursuant to the Section titled “Termination”, then Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 25% of the AVC for each Contract Year (and a pro rata portion thereof for any partial Contract Year) remaining in the unexpired portion of the Initial Term on the date of such termination, plus (iii) a pro rata portion of any and all credits received by Customer. Waiver: Installation Waiver. Verizon will waive the one-time installation charges associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video, and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Publishing Services, (xv) Telecommunications Service Priority, and (xvi) Services provided by Verizon incumbent local exchange carriers (“ILEC”) or Cellco Partnership and its affiliates d/b/a Verizon Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Installation Waiver. MCI will waive the one-time installation charges which will include DS0 and/or DS1 local loop access associated with the implementation of eligible services stated below within the 48 contiguous U.S. States under this Agreement. Customer will receive the promotional waiver for the length of the contract term. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental charges will not be waived. Services included in the waiver: Digital T1 Access and Domestic Private Line.

Termination with Liability. If: (a) Customer terminates this Agreement during before the Initial end of the Term for reasons other than Cause; or (b) Verizon Company terminates this Agreement for Cause pursuant to the Section titled entitled “Termination”, ,” then Customer will pay, within 30 thirty (30) days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 25% one hundred percent (100%) of the unsatisfied AVC remaining during the year of termination, and for each subsequent Contract Year (and a pro rata portion thereof for any partial Contract Year) remaining in the unexpired portion of the Initial Term on the date of such terminationTerm, plus (iii) a pro rata portion of any and all credits received by CustomerCustomer Payment Arrangements: The Customer must pay for Company service within 30 days from receipt of invoice. Waiver: Installation Waiver. Verizon Company will waive the one-time installation charges associated with the implementation of Services, provided by MCI Network Services, Inc. or MCI Financial Management Corp., as applicable, on behalf of MCI Communications Services, Inc. d/b/a Company Business Services; MCImetro Access Transmission Services, LLC d/b/a Company Access Transmission Services; MCImetro Access Transmission Services of Virginia, Inc. d/b/a Company Access Transmission Services of Virginia; or MCImetro Access Transmission Services of Massachusetts, Inc. d/b/a Company Access Transmission Services of Massachusetts, (collectively “MCI Legacy Company”), within the 48 contiguous States of the U.S. provided under this Agreement; except for the following servicesServices: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Verizon Company International), (v) Data Center, (vi) Paging, (vii) Managed Services, and (viii) CPE (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video, and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Publishing Services, (xv) Telecommunications Service Priority, and (xvi) Services provided by Verizon incumbent local exchange carriers (“ILEC”) or Cellco Partnership and its affiliates d/b/a Verizon Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Installation Waiver. MCI will waive the one-time installation charges which will include DS0 and/or DS1 local loop access associated with the implementation of eligible services stated below within the 48 contiguous U.S. States under this Agreement. Customer will receive the promotional waiver for the length of the contract termCPE. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental charges Charges will not be waived. Usage Credit: Customer will receive a credit of $2,000.00, to be applied the 3rd month following the Effective Date. Data Center Services included in the waiverCredit: Digital T1 Access and Domestic Private LineCustomer will receive a one-time Data Center Service credit of $16,000.00, to be applied upon Customer’s request.

Termination with Liability. If: If (a) the Customer terminates this Agreement during the agreement before the end of the Initial Term for reasons reason other than Cause; or for cause of (b) Verizon the Company terminates this Agreement the agreement for Cause pursuant to the Section titled “Termination”cause, then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus (ii) an amount equal to 25% 25 percent of the unsatisfied AVC for each Contract Year (and a pro rata portion thereof for any partial Contract Year) annual period remaining in the unexpired portion of the Initial Term on the date of such termination, plus (iii) a pro rata portion of any and all installation waiver credits, sign-up credits, or up-front credits received by provided to the Customer. Customer will receive a $1,800 credit applied against the Customer’s designated Service Charges incurred for Interstate Services and International Services. Interstate Service Credit. The Customer will receive a monthly recurring credit against domestic, interstate charges ranging from 2% to 7% of the standard tariffed rates in effect for the Customer’s intrastate Outbound Service and Inbound Service usage, within the states of new Jersey, Louisiana, New York and Ohio Installation Waiver: Installation Waiver. Verizon The Company will waive the one-time installation charges charges, (or start-up fees) associated with the implementation of Services within the 48 contiguous States of the U.S. provided under this Agreement; except for the following services: (i) eDSL, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / PTT/ third party services (including International Access and Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE and (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video, and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Publishing Services, (xv) Telecommunications Service Priority, and (xvi) Services provided by Verizon incumbent local exchange carriers (“ILEC”) or Cellco Partnership and its affiliates d/b/a Verizon Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. Promotions: The Customer is eligible for the following promotions as set forth in the Guide: Installation Waiver. MCI will waive the one-time installation charges which will include DS0 and/or DS1 local loop access associated with the implementation of eligible services stated below within the 48 contiguous U.S. States under this Agreement. Customer will receive the promotional waiver for the length of the contract term. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental charges Charges will not be waived. Services included Checkbook Promotion: Customer will receive three Checkbook Promotion Credits, with each credit being equal to $21,334.48. Customer will receive the first $21,334.48 Checkbook Promotion Credit in the waiversixth (6th) month following the effective date. Customer will receive the second $21,334.48 Checkbook Promotion Credit in the eighteenth (18th) month following the effective date. Customer will receive the third $21,334.48 Checkbook Promotion Credit in the thirtieth (30th) month following the effective date. Qualifying Condition: Digital Customer represents that it satisfies the following conditions as of the Effective Date: Customer is an existing Verizon customer Customer is an existing Private IP Customer with at least thirteen (13) T1 Access PIP ports and Domestic Private Lineat least six (6) 766K PIP ports. Customer bills at least 1000 voice minutes per month for International Outbound Voice Service. Customer bills at least 100,000 minutes per month for domestic outbound/inbound voice service. Customer has local presence in three markets (Chicago, IL, Cleveland, OH and Newark, NJ) Customer has at least 1001 Managed Email Users. Monitoring Conditions: Verizon reserves the right to monitor Customer’s account. If Customer does not install and maintain at least six (6) 768k Enhanced IP VPN Broadband circuits during the Term, Verizon reserves the right to recalculate the Checkbook Credit and charge back a portion of the credit to Customer. Term: 36 months Upon expiration of the Term, the Agreement will be automatically extended on a month-to-month basis unless either party terminates this Agreement upon at least sixty (60) days written notice prior to the end of the Initial Term (“Extended Term”). During the Extended Term, either party may terminate this Agreement upon at least sixty (60) days prior written notice. Minimum Annual Volume Commitment (“AVC”): $16,000 in Total Service Charges.

Termination with Liability. If: If (a) the Customer terminates this Agreement during the agreement before the end of the Initial Term for reasons other than Cause; for cause or (b) Verizon the Company terminates this Agreement the agreement for Cause pursuant to the Section titled “Termination”cause, then the Customer will pay, within 30 days after such termination: (i) all accrued but unpaid charges incurred through th rough the date of such termination, plus (ii) an amount equal to 25% 50 percent of the AVC unsatisfied MVR for each Contract Year annual period (and a pro rata portion thereof for any partial Contract Yearannual period) remaining in the unexpired portion of the Initial Term on the date of such termination, plus (iii) a pro rata portion of any and all installation waiver credits, sign-up credits, or up-front credits received by provided to the Customer. DS3 Installation Waiver: Installation Waiver. Verizon Company will waive the one-time installation charges associated with the implementation of DS3 Dedicated Access Services within the 48 contiguous States of the U.S. provided under this Agreement; Agreement except for the following services: (i) eDSLECR Service, (ii) VPN, (iii) Internet Dedicated OC3, OC12, OC48, Gig-E, (iv) PTT / third party services (including International Access and Verizon International), (v) Data Center, (vi) Paging, (vii) Managed Services, (viii) CPE (ix) Enhanced Call Routing, (x) Local Disaster Recovery, (xi) Audio, Video, and Net Conferencing, (xii) Voice over IP Services, (xiii) Security Services, (xiv) Non-Listing/Non-Publishing Services, (xv) Telecommunications Service Priority, and (xvi) Services provided by Verizon incumbent local exchange carriers (“ILEC”) or Cellco Partnership and its affiliates d/b/a Verizon Wireless. Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental Charges will not be waived. PromotionsU.S. Private Line IXC Wavier: The Customer is eligible for the following promotions as set forth in the Guide: Installation Waiver. MCI Company will waive the one-time installation charges which will include DS0 and/or DS1 local loop access associated with the implementation of eligible services stated below U. S. Private Line IXC Services within the 48 contiguous States of the U.S. States provided under this Agreement. Customer will receive the promotional waiver Agreement except for the length of the contract term. ECR Service, Usage charges, monthly recurring charges, expedite charges, change charges, surcharges, charges for an unlisted or non-published number, any charges imposed by third parties (including access, egress, jack, or wiring charges), taxes or tax-like surcharges, or other Governmental charges Charges will not be waived. Services included Interstate Inbound Voice Service Waiver. Company will waive the Customer’s monthly recurring charge per service group for dedicated inbound voice service (DAL) service for the Term, and the monthly recurring charge per service group for switched inbound voice service (CBL) shall also be waived for the Term. Term begins on the Effective Date and ends upon the completion of thirty-six (36) months. Customer agrees to pay Company no less than the amounts as set forth below in Total Service Charges indicated below during each Contract Year (the waiver: Digital T1 Access and Domestic Private Line.“AVC”). 1st $18,000,000 2nd $15,000,000 3rd $12,000,000